Warner v. State - CCA
The court of appeals did not apply the correct harm analysis in considering the
defendant's argument that the jury charge allowed him to be convicted
on less than a unanimous verdict with allegations of multiple sex acts
against his two stepdaughters. The Court agreed with the defendant that the court of appeals
improperly placed the burden on the defendant when it had concluded
that the State had introduced evidence to support all three paragraphs.
"To dispel any lack of clarity in our cases, we affirm that burdens of
proof or persuasion have no place in a harm analysis conducted under Almanza," Judge Womack wrote for the majority. Warner v. State, PD-1680-05.
